Langat v Republic [2023] KEHC 22431 (KLR)

Langat v Republic (Revision Case E294 of 2022) [2023] KEHC 22431 (KLR) (18 September 2023) (Ruling)

Neutral citation: [2023] KEHC 22431 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E294 of 2022

SM Mohochi, J

September 18, 2023

Between

Philip Langat

Applicant

and

Republic

Respondent

Ruling

1. This matter has been brought to me under the Prison Decongestion Exercise been undertaken by this court.

2. The Applicant, Philip Langat was on March 9, 2022, convicted on his own plea of guilty for the following offences;a.Count I, the offence of possession of alcoholic drink, contrary to section 32(1)(c) as read with section 32(g) of the Alcoholic Drinks Control Act No 4 of 2010 and fined Kshs 70,000 in default, to serve 1-year imprisonment andb.Count II, the offence of being in possession of alcoholic drink without licence contrary to Section 7(1) Alcoholic Drinks Control Act No 4 of 2010 and fined Kshs 15,000, in default, to serve 5 months’ imprisonment.

3. By the time this application was placed before court for consideration, I note that the Applicant has served his sentence and there is nothing left for this court to review.

4. Consequently, the only just order which this court can make which I hereby do, is to order that the application be marked as overtaken by events.Orders accordingly. File closed.

DATED, SIGNED & DELIVERED AT NAKURU ON THIS 18TH DAY OF SEPTEMBER, 2023. MOHOCHI S.MJUDGE